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2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(C) No. 999 of 2021 Laxmikant Kesharwani S/o Ganesh Ram Kesharwani Aged About 46 Years R/o Village Kera, Tahsil Navagarh, District Janjgir Champa Chhattisgarh Presently President Of Sewa Sahakari Samiti, Maryadit, Kera, Registration No. 1275, Tahsil Navagarh District Janjgir Champa Chhattisgarh ---- Petitioners Versus 1-State Of Chhattisgarh Through The Secretary, Department Of Co-Operative, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - The Registrar Co-Operative Societies, Indravati Bhawan, Raipur District Raipur Chhattisgarh 3 - The Deputy Registrar Co-Operative Societies, Janjgir, District Janjgir Champa Chhattisgarh 4 - The Assistant Registrar Co-Operative Societies, Janjgir, District Janjgir Champa Chhattisgarh Respondents For Petitioner : Shri Mayank Chandrakar, Advocate. For Respondents : Shri Rajkumar Gupta, Addl. A.G.. Hon'ble Shri Justice Sachin Singh Rajput
Order on Board 09/10/2025
1. This writ petition has been filed seeking for the following relief :-
"10.1. To call for the records of the case for the kind perusal of this Hon'ble Court.
10.2. To issue an appropriate writ or order and to quash the impugned order dated 23/01/2021 (Annexure-P-1) being illegal, invalid, arbitrary, bad in law.
10.3. To issue an appropriate writ or order and direct the respondent department to allow to resume the members of the petitioner's society to continue their tenure till completion. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.10.16 11:16:02 +0530
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10.4. Any other relief deemed fit in the facts and circumstances of the case may also be granted.
2.
Learned counsel for the petitioner submits that identical issues has come-up before this Court in case of Premprakash Gupta Vs. State of Chhattisgarh & Ors., WPC No. 3033/2020 and other connected matters and this Court vide its order dated 24/06/2025 disposed of the said writ petition reserving liberty in favour of the petitioner therein to move representation/objection before Registrar, Cooperative Societies in light of 2019 Secheme and amended under Section 16(C) of the Chhattisgarh Cooperative Societies Act,1960. He submits that in light of the above, this petition may also be disposed of, permitting the petitioner to make representation / objection in respect of the relief as claimed in this writ petition.
3.
Learned counsel for the respondents submits that though in the return, an objection has been raised that there is alternative remedy and the same objection was also raised in case of Premprakash Gupta (Supra).
4. Be that as it may, this Court may inclined to disposed of this writ petition in terms of the order passed in case of Premprakash Gupta (Supra) and the petitioner is permitted to make a representation / objection before the Registrar, Cooperative Societies, in light of the 2019 Scheme and amended Section 16(C) of the Chhattisgarh Cooperative Societies Act,1960 within 30 days from the date of receipt of copy of this order. The Registrar, Cooperative Societies is directed to decide such representation / objection preferably within a period of 90 days from the date of its receipt. This Court has not expressed any opinion in the merits of this case.
5. With these observation and direction, this writ petition is disposed of.
6. All the pending applications are also disposed of. Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish